Nirmal Singh v. State of U.P. and Another

Court No. -6 Case :-WRIT -C No. -39065 of 2023 Petitioner :-Nirmal Singh Respondent :-State of U.P. and Another Counsel for Petitioner :-Mohd. Kamar Shah Alam Counsel for Respondent :-C.S.C.,Dharmendra Vaish Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Mohd. Kamar Shah Alam, learned counsel for the petitioner, Mr. Dharmendra Vaish, learned counsel for respondent no.2-Bank and learned Standing Counsel for State-respondent. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The present petition has been filed by the petitioner with prayer to quash the recovery notice dated 29.09.2023 issued by respondent no.2 amounting to Rs.7,92,578/-alongwith interest and recovery charges and a further prayer to direct the respondent-Bank to provide opportunity to the petitioner to deposit the loan amount in easy installments and the statement of account. Learned counsel for the petitioner submits that the petitioner had taken loan of Rs.1,25,000/-from the respondent-Bank, under the Kissan Credit Card Scheme in the year 2016. He has paid the installments of the loan amount from time to time, but due to natural disaster and loss in agriculture he could not deposit few installments. He further submits that respondent no.2 issued a recovery notice dated 29.09.2023 against the petitioner amounting to Rs.7,92,578/-along with interest and other charges. Learned counsel for the petitioner further submits that the petitioner is ready and willing to deposit the entire recovery amount within the time fixed by this Court. Learned counsel appearing for the Bank fairly states that till date no recovery citation has been issued against the petitioner and the letter placed on page 11 to the writ petition is a notice to the petitioner to avail the benefit of One Time Settlement (O.T.S.) Scheme, however, the Bank is interested in realizing the entire amount alongwith interest and if the petitioner deposit the amount within the time granted by this Court, no further action shall be taken against them by the Bank. Considering the facts and circumstances of the case and in the interest of justice, the present writ petition is disposed off with the following directions:-

(i) Petitioner shall deposit a sum of Rs.50,000/- of the amount on or before 12th December, 2023. Thereafter, the entire balance amount shall be deposited in eight equal quarterly installments.

(ii) The installments shall be deposited in first week of respective calendar month.

(iii) Recovery proceedings during this period will be kept in abeyance. In case petitioner commit default in depositing any of the installments within the above stipulated time, it will be open to the respondents to start recovery proceedings again by taking coercive process to which the petitioner undertake not to challenge.

(iv) Petitioner may file an application for supply of statement of account along with the duly stamped self addressed envelope. In case any such application is filed, the concerned branch of the Bank will give the same to the petitioner within fifteen days from the date of deposit of the first installment and in calculating the arrears, the amount (if any) already paid be adjusted.

(v) If the entire amount is deposited by the petitioner, as directed above, no recovery charges shall be realized from the petitioner.

(vi) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order. Order Date :- 9.11.2023 Kalp Nath Singh High Court of Judicature at Allahabad